While it may be true that the majority of the benefits water fluoridation
provides fall to children, it is equally true that all members of a community
enjoy the benefits of water fluoridation. Even so, opponents of fluoridation
allege that plans to add fluoride to the public water supply are arbitrary and
unreasonable because their stated purpose is to reduce the instance of dental
caries in a limited class of citizens – more specifically, individuals under
approximately twelve to fourteen years of age. Cases such as
Chapman v. City
of Shreveport, 74 So.2d 142 (La. 1954), and
Dowell v. City of Tulsa, 273 P.2d
859 (Ok. 1954), have found that a statute directed at a particular class of
citizens is not to be automatically rendered arbitrary and unreasonable.
In Chapman v. City of Shreveport, 74 So.2d 142 (La. 1954), the court stated
that a statute directed at a limited class of citizens may nevertheless be
beneficial to the public as a whole.
Id. at 146. The court further explained that
the addition of fluorides to the water would eventually directly benefit the
entire population, as today’s children will mature to become the adult
population. Id. The court in
Froncek v. City of Milwaukee, 69 N.W.2d 242, 247
(Wis. 1955), cited its approval of
Chapman’s conclusion that the fact that the
purpose of fluoridation is to prevent the occurrence of tooth decay in a limited
class of citizens does not preclude it from being within the reaches of the
state’s police power.
The plaintiffs in Dowell advanced a similar argument, claiming that fluoridating
the water could not be justified as a public health measure because of the lack
of evidence proving the treatments would benefit anyone over the age of
sixteen. Dowell v. City of Tulsa, 273 P.2d 859, 863 (Ok. 1954). The
Dowell
court responded to this claim much like the
Chapman court, finding it without
merit. “When it is borne in mind that the children and youth of today are the
adult citizens of tomorrow, and that this one segment of the population
unquestionably benefited by the drinking of fluoridated water now, will in a few
years comprise all or a very large percentage of Tulsa’s population; and it is
further realized that reducing the incidence of dental caries in children will also
benefit their parents, the fallacy of plaintiffs’ argument is manifest.”
Dowell at 863.
The limited class argument was also raised in
Readey v. St. Louis County Water
Co., 352 S.W.2d 622, 631 (Mo. 1961). The
Readey court determined the
fluoridation measure to be beneficial to the public as a whole, citing testimony
in the record that because children will become adults the benefits are actually
bestowed upon all citizens.
The consensus among courts seems to be that although the addition of
fluorides to water provides direct benefits mainly to young children, it also
indirectly benefits the parents of those children. And as children will inevitably
grow up and comprise a large portion of the adult population in a particular
area, fluoridation will eventually directly affect all citizens.